Disability Bias Claim Not Barred by National Security Exemption

The Tennessee Valley Authority can’t rely on the need for national security to avoid claims it imposed discriminatory physical fitness requirements on employees, a federal appeals court held Dec. 29 (Hale v. Johnson, 2016 BL 433659, 6th Cir., No. 16-5475, 12/29/16).

The Sixth Circuit’s ruling addresses an exemption under Title VII of the 1964 Civil Rights Act that doesn’t appear often in litigation. That exemption bars federal courts from hearing discrimination claims brought by employees challenging an employer’s denial or revocation of a security clearance.

James Hale, who was fired by the TVA after he failed ...